TERMS AND CONDITIONS
NIBERS.com Terms and Conditions of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY
The following demonstrates terms and conditions (here-in-after referred to as an "Agreement"), applicable to your use of NIBERS.com (hereinafter referred to as "website"), which promotes business between suppliers and buyers globally. This website www.NIBERS.com and NIBERS brand is owned and operated by Nibers Private Limited (Company), Singapore and/or its affiliates or related or associate or inter company or related party company. It is an agreement between you as the user(s) of the website (the "User(s)") and NIBERS.com. (hereinafter referred to as “NIBERS”).
Before you subscribe to and/or begin participating in or using the website, NIBERS believes that you have fully read, understood and accept the agreement.
If you do not agree to or wish to be bound by the agreement, you may not access or otherwise use the website.
- WEBSITE- A PLATFORM
Website acts as a mere platform for our members to negotiate/interact for buying, selling and other business services by way of locating companies to trade with, through our on-line integrated platform. We do not take part in the actual transaction that takes place between the buyers and sellers and hence are not a party to any contract for sale negotiated between buyers and sellers. All transactions will be the responsibility of the users only. This agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between NIBERS and the other party.
- USER(S) ELIGIBILITY
User(s) means any individual or business entity/organization that legally operates in Singapore or in other countries, uses and has the right to use the services provided by NIBERS. Our services are available only to those individuals or companies who can form legally binding contracts under their applicable law. Therefore, user(s) must not be a minor as per the Singapore Law or any other country law, i.e., user(s) must be at least 18 years of age to be eligible to use our services.
NIBERS advises its users that while accessing the website, they must follow/abide by the corresponding laws of the country. NIBERS is not responsible for the possible consequences caused by your behaviour during use of website. NIBERS may, in its sole discretion, refuse the service to anyone at any time. The service will not be available to temporarily or indefinitely suspended members of website.
- USER(S) AGREEMENT
This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the website for any purpose. It also applies to any legal entity which may be represented by you under the actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes.
This agreement applies to all NIBERS services offered on the website, collectively with additional terms and condition that may be applicable to the specific service used/accessed by user(s).In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.
- AMENDMENT TO USER(S) AGREEMENT
NIBERS may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on publishing in the website. If you do not adhere to the changes, you must stop using the service. Your continuous use of the service will indicate your acceptance of the changed terms.
- INTELLECTUAL PROPERTY RIGHTS
NIBERS is the sole owner or lawful licensee of all the rights to the website and its content. Website content means its design, layout, text, images, graphics, sound, video etc. The website content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the website and its content shall remain with Nibers, its affiliates or licensor's of Nibers content, as the case may be.
All rights, not otherwise claimed under this agreement or by Nibers, are hereby reserved. The information contained in this website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. NIBERS does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this website is provided "as is" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall NIBERS be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials and the products. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their own risk.
The information presented here has been compiled from publicly aired and published sources. NIBERS respects these sources and is in no way trying to infringe on the respective copyrights or businesses of these entities. NIBERS reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the service or the materials.
“NIBERS’, "Nibers" and related icons and logos are registered trademarks or trademarks or service marks of NIBERS in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
All content on this website is the copyright of NIBERS except the third-party content and link to third party website on our website.
NIBERS cannot verify your intellectual property rights that the users of our online marketplace - who post thousands of trade leads for items on the website each day - have the right to sell the goods offered. We will appreciate your assistance in identifying listings which may not appear on their face to infringe your rights but which you believe are infringing. NIBERS is also not an arbitrator or judge of disputes about intellectual property rights. By taking down a listing, as a prudential matter, NIBERS is not endorsing a claim of infringement. Neither, in those instances in which NIBERS declines to take down a listing, is NIBERS determining that the listing is not infringing, nor is NIBERS endorsing the sale of goods in such cases.
NIBERS respects the intellectual property rights of others, and we expect our user(s) to do the same. We believes that user(s) agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, databases or listings available on or through the website (the "NIBERS content") for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with NIBERS, or otherwise commercially exploiting the NIBERS content. Systematic retrieval of NIBERS content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from NIBERS is prohibited.
In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of NIBERS's services, you agree that you will not use the website service to infringe the intellectual property rights of others in any way. NIBERS reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the NIBERS service, or if NIBERS believes that user(s) conduct is harmful to the interests of NIBERS, its affiliates, or other users, or for any other reason in NIBERS's sole discretion, with or without cause.
URL's/Sub-Domain Names assigned by NIBERS to its users (which includes both paid and free) is the exclusive property of NIBERS and it cannot be assumed to be permanent in any case. NIBERS reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit the URL's/Sub domain names. IN SUCH CASE, NIBERS WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE.
- LINKS TO THIRD PARTY SITES
Links to third party sites are provided by website as a convenience to user(s) and NIBERS does not have any control over such sites i.e. content and resources provided by them.
NIBERS may allow user(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's website. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of the use of such sites. NIBERS believes that user(s) acknowledge that NIBERS has no control over such third party's site, does not monitor such sites, and NIBERS shall not be responsible or liable to anyone for such third-party site, or any content, products or services made available on such sites.
Most of the contents and some features on the website are made available to visitors free of charge. However, NIBERS reserves the right to terminate access to certain portions or features of the website (to paying or registered users) at any time for any reason, with or without notice. NIBERS also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of NIBERS and/or other visitors to the website. NIBERS reserves the right to limit, deny or create different access to the website and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
NIBERS withholds the right to temporary or permanent termination of membership of any user for any of the following reasons:
(a) If it concludes that the user(s) have provided any false information in connection with the member account to NIBERS or are engaged in fraudulent or illegal activities.
(b) The user(s) breach any provisions of the terms and conditions of use agreement and/or Agreement of website.
(c) Utilize website to send spam messages or repeatedly publish the same product information.
(d) Post any material to members that is not related to international trade or business cooperation.
(e) Impersonate or unlawfully use other companies name to post information or conduct business of any form
(f) Any unauthorized access, use, modification, or control of the website database, network or related services.
(g) Obtain by any means website member's user name and/or password.
If NIBERS terminates user(s) membership, user(s) will not have the right to re-enrol or join NIBERS under a new account or name unless formally invited to do so by NIBERS. In any case of termination, no membership charges will be refunded. User(s) acknowledge that inability to use the website wholly or partially for whatever reason may have adverse effect on its business. User(s) hereby agree that in no event shall NIBERS be liable to the user(s) or any third parties for any inability to use the website (whether due to disruption, limited access, changes to or termination of any features on the website or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the website or any of its features.
- REGISTERED USER(S)
User(s) can become a Registered User(s) by filling an on-line registration form on the website by giving desired information (name, contact information, details of its business, etc.). NIBERS will establish an account ("Account") for the user(s) upon registration and assign a User ID ("email ID") and password ("Password") for log-in access to your Account. NIBERS will establish an account ("Account") for the user(s) based on user(s) verbal or written request to register as a user on their behalf based on the available information provided to NIBERS team during their visit to user(s) exhibition booth or to user(s) premises and assign a User ID ("email ID") and to set a new password link ("Password") for log-in access to user(s) Account. Website may or may not assign user(s) upon registration a web-based email/message account with limited storage space to send or receive email/messages. Users will be responsible for the content of all the messages communicated through the Email Account, as well as the consequences of any such message.
If you register on behalf of a business entity, you represent that business entity and (a) you have the authority to bind the entity to terms and condition of use and/or this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to NIBERS during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
By becoming a Registered User, you consent to the inclusion of your personal data in our database and authorize NIBERS to share such information with other user(s). NIBERS may refuse registration and deny the membership and associated User ID and Password to any user for whatever reason. Website may suspend or terminate a Registered membership at any time without any prior notification in interest of NIBERS or general interest of its visitors/other members without giving any reason thereof. Registered User are not a part or affiliate of NIBERS in any way.
Despite my and organization's contact number(s) are on Do Not Call Registry, I consent to be contacted by Nibers (“NIBERS”) through phone calls, SMS notifications or any other means of communication, in respect to the services provided by NIBERS.
- DATA PROTECTION
- POSTING YOUR CONTENT ON WEBSITE
Some of the content displayed on the website is provided or posted by third parties. User(s) can post their content on some of the sections/services of the website using the self-help submit and edit tools provided at the respective section. User(s) may need to register and/or pay for some of these services.
NIBERS in such case is not the author of those contents. The content here is contributed by anonymous, registered or paid user(s). Neither NIBERS nor any of its affiliates, directors, officers or employees has entered into a sale agency relationship with such third party by virtue of our display of the Third-Party Content on the website. Any Third-Party content is the sole responsibility of the party who has provided the content. NIBERS is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third-Party content and shall not be liable to any user(s) in connection with his/her reliance on such Third-Party content. In addition, NIBERS is not responsible for the conduct of user(s) activities on the website and shall not be liable to any person in connection with any damage suffered by any person as a result of any such user's conduct.
User(s) solely represent, warrant and agree to:
(a) Provide NIBERS with true, accurate, current and complete information to be displayed on the website and
(b) Maintain and promptly amend all information to keep it true, accurate, current and complete.
User(s) of NIBERS hereby grant an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to NIBERS to display and use all information provided by them in accordance with the purposes set forth in agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the website, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the website (hereafter referred to as “Third Party Rights").
User(s) hereby represent, warrants and agree that user(s) shall be solely responsible for ensuring that any material or information you post on the website or provide to website or authorize the website to display, does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. User(s) hereby represent, warrant and agree that they have the right to manufacture, offer, sell, import and distribute the products offered and displayed on the website, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third-Party Rights.
User(s) hereby represent, warrant and agree that information submitted to NIBERS for display on the website will not:
- Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
- Be part of a scheme to defraud other User(s) of the website or for any other unlawful purpose;
- Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third-Party Rights;
- Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- Be defamatory, libellous, unlawfully threatening or unlawfully harassing;
- Be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
- Solicit business from any User(s) in connection with a commercial activity that competes with NIBERS;
- Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or
- Otherwise create any liability for NIBERS or its affiliates.
NIBERS reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the website which it reasonably believes is unlawful, could subject NIBERS to liability, violates the terms and conditions and/or Agreement or is otherwise found inappropriate in NIBERS's opinion. Website reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.
In connection with any of the foregoing, website may suspend or terminate the Account of any User as website deems appropriate in its sole discretion. User(s) agree that website shall have no liability to any User(s), including no liability for consequential or any other damages, in the event website takes any of the actions mentioned in this Section, and that you agree to bear the risk that website may take such actions.
Website acts as a content integrator and is not responsible for the information provided by user(s) to be displayed on the website. NIBERS do not have any role in developing the content.
- TRANSACTION BETWEEN USERS
NIBERS provides an on-line platform for exchanging information between buyers and suppliers of products and services. Website does not represent the seller or the buyer in specific transactions and/or for enabling any transaction favouring a party. Website does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the website or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. User(s) are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretences. Website uses several techniques (such as Verified members) to verify the accuracy and authenticity of the information our user(s) provide us. However, since it is not possible in all cases and is not 100% fool-proof, NIBERS cannot and does not guarantee each user(s) purported identity (including, without limitation, Verified Members). NIBERS encourages user(s) to use various tools available on the website and otherwise, as well as common sense, to evaluate the user(s) with whom they would like to deal with.
User(s) acknowledge that user(s) fully assume the risks of purchase and sale transactions when using the website to conduct transactions, and that user(s) fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the website.
Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the website may violate or may be asserted to violate Third Party Rights, and the risk that you may incur costs of defence or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by user(s) of the website as a result of purchase and sale transactions in connection with using the website may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks".
User(s) agree that NIBERS shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the website, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, bank charges, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, user(s) agrees to release and indemnify NIBERS (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. User(s) may use the content/features on website solely for their personal or internal purposes. User(s) agree that they will not use NIBERS database and/or services to send junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Further, as a Registered User, user(s) will not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.
Nibers reserves the right to add/modify/discontinue any of the features offered with a service.
- LIMITATION OF LIABILITY/DISCLAIMER
The features and services on the website are provided on an "as is" and "as available" basis, and website hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. NIBERS makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness of any information provided on or through the website. NIBERS does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the website does not violate any third-party rights; and NIBERS makes no representations or warranties of any kind concerning any product or service offered or displayed on the website. Any material downloaded or otherwise obtained through the website is done at your sole discretion and risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by you from website or through or from the website shall create any warranty not expressly stated herein.
Under no circumstances shall website be held liable for an delay or failure or disruption of the content or services delivered through the website resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save website, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your use of the website (including but not limited to the display of your information on the website) or from your breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save website, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your breach of any representations and warranties made by you to website.
User(s) hereby further agree to indemnify and save website, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the website. User(s) hereby further agree that website is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with you. Website reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with website in asserting any available defences.
Website shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
- The use or the inability to use the website;
- Any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the website;
- Violation of Third Party Rights or claims or demands that User(s) manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the website may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
- Unauthorized access by third parties to data or private information of any User(s);
- Statements or conduct of any User(s) of the website; or
- Any matters relating to Premium Services however arising, including negligence.
- GLOBAL SHIPMENT
Sellers may list their items on our website ("nibers") for international or cross-border trading and it is important that all listings and transactions comply with applicable laws. Sellers are responsible for ensuring that their transactions are lawful in both the country of the seller and the country of the buyer. We strongly encourage sellers to learn about the laws of their own country as well as the countries where they plan to do business.
Sellers should make sure that the item they are selling can be lawfully transmitted outside of the country where they live and also make sure that they can lawfully import the item into the buyer's country before sending the item. Sellers should discuss possible export and/or import problems with potential buyers, do careful research, and hire an expert if necessary to ensure that all transactions comply with all applicable laws.
Sellers may ensure compliance with applicable laws by following these listing practices:
- State on the item detail page that you'll only ship your items to the countries which legally allow the items to be imported.
- Include a clause in the item details section or more information section describing any limitations on the products shipment.
- SUBSCRIPTION FEES
Registering as a member in this Website is free, we do not charge buyers any fees for purchasing and bidding on listed items. To start with, we do not charge sellers any subscription fees and in the future, we may decide to charge the sellers for subscribing to the platform.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Paid Services”), you agree to store your payment card information by Nibers authorised payment gateway service provider. You also agree to pay the applicable fees for the Paid Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period. You also acknowledge that Nibers Paid Services are subject to this Agreement and any additional terms related to the provision of the Paid Service.
- TRANSACTION FEES ON GROSS MERCHANDISE VALUE (GMV) AND ADVERTISING SERVICE FEES
We do charge sellers fees for completed transactions such as Transaction Fees on Gross Merchandise Value (GMV), and other service fees for marketing, advertising and promotion features. Before using or accepting any service available in the platform, please review the terms of service and related fees that will be charged.
All transaction fees are subject to GST (if applicable) and other taxes by applicable laws and regulations and the Company will charge sellers such GST (if applicable) and other taxes additionally. Sellers agree that transaction fees and taxes may be paid by deducting from the purchase price paid by buyers. All fees related to the listing, advertising or promotion of products on the website shall be paid through PayPal or Cheque or online bank transfer or any other payment gateway mode available on the website. In case where the online transaction adopts PayPal Services or other payment gateway service provider, you hereby authorize Nibers or the Company to instruct PayPal or other payment gateway service provider to deduct any transaction fees that are due and payable to Nibers under an online transaction and to pay the same to Nibers when PayPal or other payment gateway service provider releases any amount held by it under the Online Transaction. Neither Nibers nor PayPal or other payment gateway service provider has any control over and are not responsible or liable for, the products or services that are paid for with our service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction.
The transaction fees charged by Nibers do not include any Thirty Party fees (including all taxes) for any service or product that you may acquire or purchase in connection with the Online Transaction. It shall be your responsibility to settle the fees with such third-party vendors.
The Company shall issue tax invoices or payment receipts for transaction fees or advertisement fees paid by sellers for each transaction or cumulative of transactions.
All fees charged by Nibers are exclusive of any taxes (such as VAT), duties or other governmental levies or any financial charges. You agree to pay and be responsible for any such taxes, duties, levies or charges for the use of the Transaction Services in addition to our Transaction fees. In the event Nibers is required by any applicable law to collect or withhold any taxes or duties, you agree to pay such taxes or duties to Nibers. You will also be liable for any financial charges for the remission of funds to you, and Nibers shall have the right to pay such charges from such funds. Nibers, PayPal or other payment gateway service providers or such other financial services company available in the platform shall have the right to deduct any financial charges incurred as a result of providing the Transaction Services and the party receiving the funds will bear the costs of such bank charges.
The Company shall issue tax invoices or payment receipts for a transaction fees or advertisement fees paid by sellers for each transaction or cumulative of transactions.
- PURCHASE AND PAYMENT
Buyers should carefully read the Product detail page and review information such as price, quoted price, with or without shipping charges, import duty, etc. and terms and conditions for sales before purchasing a product.
We take no responsibility and assume no liability for any loss or damages to a buyer arising from shipping information and/or payer information entered by the buyer or wrong remittance by the buyer in connection with the payment for the products purchased. We reserve the right to check whether a buyer is duly authorized to use a certain payment methods and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.
FOR TRANSACTIONS WITHIN INDIA (IN INR)
The amount payable by the Company to the seller for any transactions through our Website (the "Net Transaction Value") will be calculated by subtracting all service fees from the Gross Merchandise Value paid by the buyers. The Net Transaction Value shall be deposited into the seller’s authorised bank account in 2 weeks in principle after the date on which delivery is completed including Shipping Charge if any, paid by buyers. The Company may at its discretion reduce the 2 weeks term.
We may deduct from the “Net Transaction Value” any expenses or claims to the Company due to sellers. To protect against the risk of liability, payments of the Net Transaction Value may be subject to hold at our discretion.
The Buyer shall request for a cancellation of the order before payment is made.
In the event, the Buyer requests for a cancellation of the order after placing the order and making necessary payment, the Buyer may do so by writing to seller through the internal chat message and it is subject to the Seller’s terms and conditions and discretion.
- There is no guarantee that the Seller will accept the cancellation request in the event the order is already processed or production commenced, etc
- NIBERS is not responsible in the event the Seller is not accepting the cancellation request.
- Buyer should take necessary measures before placing the order. All transactions are processed through a quote system where the Buyer has enough time and provision to clarify all their queries with the Seller through the internal chat message before confirming the order or transaction.
In general, no refund will be entertained by NIBERS until and unless the following circumstances occurs.
Seller agrees for Cancellation of Order and willing to refund the payment:
In the event the Seller agrees for buyer’s request to cancel the order and willing to refund the payment, the following terms applies:
- If the Seller is yet to receive the payment from NIBERS for the payment received on behalf of the Buyer then the Seller and Buyer shall send an email to NIBERS Team at firstname.lastname@example.org and explain the arrangement.
- Based on the above, NIBERS team will investigate the status of the payment processing and inform the Seller and Buyer through email.
- If the funds are already remitted to the Seller then NIBERS responsibility ends here. An email will be sent to the Seller and Buyer that the funds are with the Seller’s Bank. If funds already remitted to Seller account, the Buyer should pursue with the Seller to get the refund and NIBERS is not involved in the refund process. The seller should duly make the necessary refund to the Buyer as per their agreed terms with the Buyer.
- If the funds are still with NIBERS, then a payment will be initiated to Buyer’s authorised bank account after deducting any NIBERS admin charges and/or payment gateway charges and/or bank charges and/or any other related charges.
- NIBERS cannot assure for full refund of paid amount until and unless it is agreed by Seller in writing to the Buyer with an email copy to NIBERS Team at email@example.com that the Seller is willing to absorb any NIBERS admin charges and/or payment gateway charges and/or bank charges and/or any other related charges. NIBERS Team at its own discretion reserves the right to investigate the transaction before processing such refunds.
The Buyers are protected through NIBERS Connect.
What is NIBERS Connect?
NIBERS offers a service to act as an authorised intermediary between the Buyers and the Sellers in the entire transaction flow to protect the Seller and the Buyer.
- The Seller and the Buyers agree to use NIBERS Connect to authorise NIBERS as an intermediary from the order placement to the fulfilment of the transaction.
- The Buyer will opt to use NIBERS Connect to fulfill the transaction.
- If NIBERS Connect is opted, the Seller by default authorise NIBERS to hold the funds on behalf of the Buyer until the Seller fulfills the safe delivery of goods.
- The Buyer will make the payment for the proposed order of goods to NIBERS authorised bank account.
- Upon receipt of funds, NIBERS will confirm receipt of funds to the Seller and the Buyer.
- Once NIBERS confirms receipt of funds from the Buyer, the Seller should process the order and deliver the goods as per agreed terms with the Buyer.
- Upon confirmation of the receipt of goods in good condition from the Buyer, the payment will be released to the Seller authorised bank account within 5 working days from the date of Buyer's confirmation.
- In the event the goods are not delivered in satisfactory condition or not as per the Buyer’s agreed terms or product specifications, the Buyer shall inform the Seller and notify NIBERS (through email firstname.lastname@example.org) on the deviation with necessary proof and request for a refund.
- After necessary verification is done by NIBERS team, the Buyer will be given instructions to return the goods to the Seller’s registered address as per the invoice.
- The transportation cost for the return of goods shall be on the Seller’s account (To Pay Basis). The Buyer shall mutually agree with the Seller on the Transporter information.
- The Seller should inform NIBERS and the Buyer immediately upon receipt of returned goods.
- After receiving confirmation from the Seller on the receipt of return goods, NIBERS will refund the payment to the Buyer.
- The Seller should absorb and reimburse NIBERS all the associated costs related to return of goods and online payment processing charges, NIBERS administrative cost.
If the country of the seller is different from the country of the buyer, the buyer is considered the importer of goods and must comply with all laws and regulations of the country in which the buyer is receiving the goods. Buyers should make sure that they can lawfully import the item into the buyer's country before purchasing the item.
Buyers may be subjected to import duties and taxes, which are levied once a shipment reaches the buyer's country. In principle, additional charges for customs clearance must be borne by the Buyer if not specified otherwise in the Product detail page explicitly; we have no control over these charges and cannot assume what they may be. Customs policies vary widely from country to country. Please contact your local customs office for further information.
We respect your privacy and your interest to know how the information about your order is shared. We would like our global buyers and sellers shipping goods internationally to be aware that cross-border shipments are subject to customs inspection.
Also, we or our registered sellers may provide certain order, shipment and product information such as titles, to international carriers and such information may be communicated by the carriers to customs authorities to facilitate customs clearance and compliance with local laws. Customs authorities require us or sellers to state the value of the purchased product on the shipment documents.
Based on the agreed terms and conditions between the sellers and buyers, if the buyer meets the seller terms, the goods should be shipped as per the agreement. Upon shipment, the seller should enter shipment information including the name of the shipping or forwarder or delivery company, the tracking number, etc. through NIBERS Sellers Dashboard within 5 business days from the date of the shipment instruction.
Sellers shall take all reasonable actions for buyers to receive purchased products as per the terms agreed by the Seller.
The Company may at its option for a fee (chargeable on case to case to basis) provide overseas shipment service and other services related to delivery in association with third-party service providers. To avail this service, the Seller and Buyer should communicate with the Company for assistance at email@example.com
All notices or demands to or upon website shall be effective if in writing and shall be duly made when sent to NIBERS in the following manner: to Nibers (owned by Nibers Private Limited), 1 Yishun Industrial Street 1 #03-18, A’Posh BizHub, Singapore – 768160. For transactions within India to contact, Nibers Private Limited, Registered office address- New No 32, Old Door No.30, PV Towers, Ground Floor, 23rd Street, Thillai Ganga Nagar, Nanganallur, Chennai 600061.
All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) to website or by posting such notice or demand on an area of the website that is publicly accessible without a charge.
Notice to a User(s) shall be deemed to be received by such User(s) if and when website is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon website's posting such notice on an area of the website that is publicly accessible without charge.
- GOVERNING LAW AND DISPUTE RESOLUTIONS
- Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- Website's failure to enforce any right or failure to act with respect to any breach by a User(s) under these terms and conditions will not waive that right nor waives NIBERS's right to act with respect with subsequent or similar breaches.
- The website shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to any/all of its Services to any person or entity.
- If any provision of the terms and conditions of use and/or Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
- All calls to Nibers are completely confidential. However, your call may be recorded to ensure the quality of service. Further, for training purposes and to ensure excellent customer service, calls from Nibers may be monitored and recorded.
- PROHIBITED AND RESTRICTED PRODUCTS
Before posting a product on Nibers, one should carefully review the list of prohibited and restricted products. Prohibited and restricted products include but not limited to:
- Alcoholic beverages
- All illegal drugs
- Illegal herbal products
- Unlicensed pesticides
- Used cosmetics
- Lottery tickets
- Pornographic materials
- Counterfeit stamps, coins and notes
- Cash or cash equivalent instruments
- Stocks and securities
- Fireworks and explosives
- Firearms and ammunitions
- PRODUCTS AND SERVICE POLICIES
Nibers reserves the rights to prohibit any products that it deems illegal or offensive.
IMPORTANT: Failure to comply with Nibers policies may result in the termination of account and other necessary actions.
The website contains contents in English and other foreign languages. The website terms have been prepared in English version thereof shall prevail and be binding even though other foreign language translations may also be available.
If there is any conflict or any inconsistency between the English version and another foreign language version of this Agreement, the English version shall apply and be binding upon the parties.
For any clarifications, please reach us at firstname.lastname@example.org
Update Date : 28 February 2020